By Greenberg, Thompson, Danburg                         H.B. No. 35
       74R1306 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the privilege of a person's spouse not to be called as
    1-3  a witness in certain proceedings against the person.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 38, Code of Criminal Procedure, is
    1-6  amended by adding Article 38.10 to read as follows:
    1-7        Art. 38.10.  EXCEPTIONS TO THE SPOUSAL ADVERSE TESTIMONY
    1-8  PRIVILEGE.  The privilege of a person's spouse not to be called as
    1-9  a witness for the state does not apply in any proceeding in which
   1-10  the person is charged with a crime committed against the person's
   1-11  spouse, a minor child, or a member of the household of either
   1-12  spouse.
   1-13        SECTION 2.  Under the terms of Section 22.109(b), Government
   1-14  Code, Rule 504(2)(b)(1), Texas Rules of Criminal Evidence, is
   1-15  disapproved.
   1-16        SECTION 3.  (a)  The change in law made by this Act applies
   1-17  only to prosecution for an offense committed on or after the
   1-18  effective date of this Act.  For purposes of this section, an
   1-19  offense is committed before the effective date of this Act if any
   1-20  element of the offense occurs before that date.
   1-21        (b)  An offense committed before the effective date of this
   1-22  Act is covered by the law in effect when the offense was committed,
   1-23  and the former law is continued in effect for that purpose.
   1-24        SECTION 4.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended,
    2-5  and that this Act take effect and be in force from and after its
    2-6  passage, and it is so enacted.